Health Care Proxy

The
Massachusetts health care proxy is the first legislation in Massachusetts
providing protection for an individual's right to determine the course
of his medical care in the event of future incapacity. By using the health
care proxy, an individual may appoint another person to serve as his agent
or "attorney-in-fact" to make health care decisions for him
if he becomes incapable of making those decisions on his own. Click here
for a free Health Care Proxy
form for use in Massachusetts.

The individual who appoints the agent is called the "principal."
The principal can appoint anyone except an administrator, operator, or
employee of a health care facility, such as a hospital or nursing home,
where the principal is a patient or resident, unless that person is also
related to the principal by blood, marriage, or adoption. back
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When does
the appointment of the Health Care Proxy become effective?

Your agent's
authority to make health care decisions under the proxy law is activated
upon a determination by the principal's physician that the principal has
sustained loss of his or her capacity to make such health care decisions.
The health care agent cannot act under the proxy until such determination
has been made. back to top

The Agent's
Duties:

The appointed
agent or "attorney-in-fact" will make decisions about the principal's
health care only when the principal is, for some reason, unable to make
the decision.

For example,
if the principal is temporarily unconscious, in a coma, or has some other
condition or he is disabled where he cannot make or communicate health
care decisions, then the agent can act.

These decisions
will have the same authority as the principal's would, if he were able
to make the decision, and will be honored over those of any other person,
with very limited exceptions.

However,
the agent cannot act until the principal's doctor determines in writing,
that the principal lacks the ability to make health care decisions. If
the principal gives his agent full authority to act, the agent can consent
to or refuse any medical treatment, including treatment that could keep
the principal alive.

An agent's
decisions can only be made after talking with the principal's doctor or
health care provider, and after fully considering all the options regarding
diagnosis, prognosis, and treatment of an illness or condition.

During this
research, the agent has the legal right to get any information, including
confidential medical information, necessary to make informed decisions
for the principal. Agent's health care decisions are also made according
to the principal's religious or moral beliefs.

Even after
the principal's doctor has determined that he lacks the ability to make
health care decisions, if the principal objects to any decision made by
his agent, the principal's decisions will be honored unless a court determines
that the principal lacks the capacity to make health care decisions. back
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Can you
change your Massachusetts Health Care Proxy?

Periodic
reviews are important to ensure that the documents you have signed are
still in accord with your wishes. You can revoke your massachusetts health
care proxy at any time by the following:

(1) the
principal signs another health care proxy later on;
(2) the principal legally separates from or divorces his spouse and
that spouse is named in the proxy as the principal's agent;
(3) the principal notifies his agent, doctor, or other health care provider,
orally or in writing, that he wants to revoke the health care proxy;
or
(4) the principal does anything else that clearly shows that he wants
to revoke the proxy, for example, tearing up or destroying the proxy,
crossing it out, telling other people, etc.

Hospitals
are required by federal law to provide all patients with information on
their rights under state law to make decisions with regard to their medical
care, their right to make an "advance directive," and the hospital's
policies regarding such rights.

The "advance directive" the hospital must advise a patient on
is the health care proxy. If a patient does not have a completed health
care proxy, his family may be asked to make decisions based upon what
they believe the patient would want done. If the patient is without a
family, a court will generally appoint a guardian to make those decisions
on the patient's behalf. back to top

Should you
execute both a Living Will and a Health Care Proxy?

Yes. The
Living Will is your own expression of
your attitudes about your health care. This instrument is especially important
if you do not have a person to appoint as your Health Care Proxy, or if
the person you have appointed is not available. The Health Care Proxy
is important because it names your selection of the person who is to make
decisions on your behalf if you cannot do so. You will want to have your
health care agent communicate the views expressed in the Living
Will to your physician to be sure the physician understands your wishes.
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Will other
documents be helpful to insure your wishes are carried out?

Yes. You
should consider having a Durable Power
of Attorney for property management so that your agent has power
to provide funding for medical care and treatment. The agent appointed
may, but need not be, the person who is the Health Care Agent in your
Proxy. Your Health Care Proxy should not be combined with your Power
of Attorney. back to top